Sec. 48-442. - SED-80 Special Environmental District

Sec. 48-442. - SED-80 special environmental district.

(a)

Basis and purpose. The Nags Head Woods is an irreplaceable maritime forest occupying the northwest corner of the town. Nags Head Woods was the home of the first settlers. Nags Head Woods is one of a few remaining maritime forests in the state and consists of ecologically important marshlands, pine hammocks, bay forest, the ridge forest, hardwood and pine forests, ponds and dunes. Each part of this natural system is important to the survival of the whole system. The least adverse environmental impacts would result from development in the bay and hardwood forests and away from the ponds and marshes. The Woods is also environmentally significant because of its natural role in the integrity of the coastal region, and in 1974, Nags Head Woods was designated by the United States Congress as a National Natural Landmark.

(b)

Intent. This SED-80 district is created to permit development that is compatible with the environmentally sensitive nature of Nags Head Woods and to preserve land in a natural state where such land is considered to be a vital link in the groundwater replenishment cycle of the outer banks and where the destruction of natural vegetation would have a harmful effect on the stability of the soil and its resistance to erosion. More specifically, the SED-80 district is designed to:

(1)

Provide for the paramount public concern for these natural resources in the interest of health, safety and general welfare of the residents of and visitors to the town.

(2)

Preserve the natural features and functions of the area necessary for safe and compatible development on the entire outer banks. Such features include, but are not limited to, the following:

a.

The components of the groundwater storage and recharge system which are necessary for the growth and maintenance of the maritime forest vegetation. Such components include ponds, lowlands, marshes, bay forests and wetlands.

b.

Vegetation acting as soil stabilizers or which provide significant protection from storm or salt intrusion, including the dune ridge plant communities and scrub forest.

(3)

Protect the fragile ecosystems of Nags Head Woods from the effects of fire, storms, flooding and other natural and manmade disasters.

(4)

Prevent pollution of the estuary and the sound which might otherwise adversely affect the biological productivity of the sound.

(5)

Permit low-density residential development of those portions of the SED-80 district suitable for residential use and to encourage open space and limited passive recreational use of portions not suitable for residential use.

(6)

Prohibit commercial and industrial use of the land and any other use not compatible with the ecological carrying capacity of the area.

(7)

Preserve the cultural heritage, features and integrity of Nags Head Woods as a maritime forest.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Building site means the maximum area within a lot of disturbed land and vegetation required for placement of principal structures (exclusive of decks) and accessory structures, its accessways and utilities, including areas disturbed for parking lots, power lines, driveways, septic tank nitrification fields, cemeteries and hiking trails.

Cemetery means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, and specifically excluding crematories, mausoleums and mortuaries.

Estuarine frontal dunes means the dunes which are the first mounds of sand located landward of the estuarine waters of the Roanoke Sound and having a minimum elevation equal to or greater than the mean flood level plus six feet (nine feet plus six feet). For the purpose of this article, estuarine frontal dunes occur in the area southerly of the northwest boundary of Parcel 13, Tax Map 185, as shown on Tax Maps 185 and 186. The estuarine frontal dunes extend southward and terminate at the southwest boundary of the SED-80 district.

Forest canopy means (collectively) the light-intercepting layer formed by all of the tree tops and ultimate leaf bearing branches in a forest; the uppermost layer of vegetation in a forest. In the Nags Head Woods, the forest canopy may be kept to near constant height by the pruning effect of salt mist nearer the ocean or it may become irregular in height where salt impact is less.

Forest subcanopy means a light-intercepting understory layer formed by shade-tolerant saplings, shrubs and small trees beneath the canopy of a forest. The Nags Head Woods subcanopy species include dogwood, muscle wood, hop hornbeam and holly.

Groundwater recharge area means a catchment basin or watershed underlain by layers of alternating permeable and impermeable strata such that excess rainfall not lost by evapotranspiration or runoff is retained and stored in subterranean porous layers of soil. Essentially the entire Nags Head Woods acts as a groundwater recharge area since porous sandy soils permit little runoff of excess precipitation. For the purposes of this chapter, components of this system include ponds, wetland swales, bay forests, dunes and marsh.

Migrating dune means an area of unstabilized sand subject to movement under the influence of winds. Migrating dunes occur in the Nags Head Woods along the eastern boundary of the dune ridge maritime forest.

Net buildable land means that portion of any lot that does not include estuarine marsh, fresh water marsh, ponds, wetland swales or streams (as determined or defined by CAMA or the U.S. Army Corps of Engineers).

Pond means a small body of standing water with rooted plants growing across it (or at least capable of supporting plants all the way across). In Nags Head Woods, ponds often exhibit moderate seasonal variations in water depth.

Public water supply well field means a well or series of wells operated by a governmental entity to provide water for its citizens.

Ridge line forest means a type of maritime forest in which the pruning effect of salt mist is moderated by distance from the ocean source. The forest canopy is dominated by various evergreen oaks (live, laurel, water) and an understory subcanopy of dogwood, muscle wood, hop hornbeam and holly. In the Nags Head Woods, the dune ridge maritime forest typically occupies the highest dunes along a major north-south oriented dune ridge near the eastern boundary of the district.

Roanoke Sound dune ridge means the western ridges of the westernmost north-to-south oriented dune. This dune ridge forms a natural barrier between the high ground of the dune ridge and the lower terrain to the west. For the purpose of this section, the Roanoke Sound dune ridge is located in the area northward of the northwest boundary of Parcel 13, Tax Map 186, as shown on Tax Map 185 and 186, and generally west of the Nags Head Woods Road, and extends northward to the town's northern limits.

Salt marsh means a flat bed of salt-resistant grasses, sedges and/or rushes that is periodically flooded by salt or brackish water. In Nags Head Woods, salt marsh extends in an irregular band along the foot of the westernmost forested dunes westerly to the edge of the estuary. Characteristic plants include: cattails, giant cordgrass and black needle rush.

Site plan means a map and accompanying report detailing existing vegetation and topography (pursuant to the requirements of subsection (g) of this section), which must be submitted to develop any subdivision or building site.

Soil erosion and sedimentation control plan means a plan designed by the Soil Conservation Service or a comparable organization that will ensure the stabilization and subsequent revegetation of all areas that have been disturbed to the extent that bare land has become exposed.

Surficial groundwater means groundwater stored between the geographical surface and the first confining impermeable subsurface strata.

Tree means any woody plant of multiple or single trunk with a caliper of four inches or more at one foot above the ground.

Tree removal means removal of a tree means any act which causes a tree to die within a period of two years including, but not limited to, damage inflicted upon the root system by machinery, storage of materials and soil compaction; changing the natural grade above the root system or around the trunk; damage inflicted on the tree permitting infection or pest infestation; excessive pruning; or paving with concrete, asphalt or other impervious material within such proximity as to be harmful to the tree.

Wetland swales means seasonally flooded or water-saturated depressions located between drier adjacent dune ridges. The vegetation cover includes a tree canopy. The general aspect of a swale greatly resembles that of a forested swamp, of which it may be considered a subunit. In the Nags Head Woods, dominant wetland swale vegetation includes sweet gum, black gum, red maple, buttonbush and cattails. Swales may become flooded seasonally or following heavy rainfall.

(d)

Permitted uses. The following uses shall be permitted by right in the SED-80 district:

(1)

Detached single-family dwellings, each on its own individual lot. Single-family dwellings containing five bedrooms shall be subject to the applicable requirements specified in section 48-370.

(2)

Watershed conservation areas.

(3)

Nonprofit wildlife and ecological preserves.

(4)

Hiking trails.

(5)

Municipal estuarine access facilities.

(6)

Private docks, as permitted by CAMA, and storage buildings, not to exceed 300 square feet.

(7)

Estuarine bulkheads.

(8)

Accessory uses and structures limited to private swimming pool, private tennis court, detached garage, storage building, roof top wind energy facilities and private dock. Any accessory use or structure shall meet the front, rear and side setbacks required for principal structures, except for water-dependent structures, which may be excluded from water-side setback only.

(9)

Boardinghouse, subject to other requirements of this chapter and provided that the following conditions are met:

Boardinghouses may not exceed two rooms, which are intended to be rented.

Occupancy by tenants shall not exceed more than two persons per bedroom and shall be for durations of generally greater than one week.

Individual rooms shall not contain independent cooking facilities; this however shall not prohibit the serving of meals to tenants or the use of a single kitchen by tenants.

Boardinghouses shall be owner occupied and serve as the primary residence of the owner.

(10)

Large residential dwellings, subject to other requirements of this chapter and provided that all the conditions are met specified in section 48-370.

(e)

Conditional uses. The following uses shall be permitted subject to the requirements of this SED-80 district and additional regulations and requirements imposed by the board of commissioners as provided in article XIV of this chapter:

(1)

Residential cluster housing, subject to other requirements of this chapter and provided that the following conditions are met:

Residential clusters shall be on single parcels of which at least 50 percent of the parcel is net buildable land.

No unit in a residential cluster shall be located within 50 feet of a property line.

Residential clusters shall be limited to a maximum of four dwelling units per lot.

Area requirements for residential clusters shall be 80,000 square feet of lot per unit.

The minimum separation between detached units in a cluster shall be 20 feet.

(2)

Cemeteries, subject to other requirements of this chapter and provided that the following conditions are met:

All cemeteries shall have perpetual care.

All graves or burial plots shall be set back not less than 30 feet from any public right-of-way and be not less than 50 feet from any lot line.

When a cemetery abuts a residential use, a 25-foot-wide undisturbed area of natural vegetation shall buffer the cemetery from the residential development.

The site shall be approved by all necessary regulatory agencies including, but not limited to, the county department of environmental health and the state cemetery commission.

(3)

Nonprofit, special "environmental awareness" areas of low-intensity use, subject to other requirements of this chapter and provided that the following conditions are met:

When an environmental awareness area abuts a residential use, a 25-foot-wide undisturbed area of natural vegetation shall buffer the environmental awareness area from the residential development.

Lighting shall be prohibited.

(4)

Municipal government passive recreational uses, specifically excluding motorized recreational activities, horse stables and riding trails, lighted ball fields, amusement parks, miniature golf courses, race and go-cart tracks, theaters of all kinds and similar uses which would tend to create a high concentration of activity and associated light, noise, dust, stormwater runoff, erosion, vegetation damage, or which would cause other similar adverse environmental effects, subject to other requirements of this chapter and provided that the following conditions are met:

When a passive recreational use abuts a residential use, a 25-foot-wide undisturbed area of natural vegetation shall buffer the passive recreational use from the residential development.

Lighting shall be prohibited except for minimum lighting that may be required for security purposes and shall be in accordance with article IX of this chapter.

(5)

Municipal government facilities owned and operated by the town shall be limited to police firing range, public safety and governmental offices subject to other requirements of this chapter and provided that the following conditions are met:

Lighting shall be the minimum amount that may be required for security purposes and shall be in accordance with article IX of this chapter.

A police firing range shall be located a minimum distance of 500 feet from any residential use.

Public safety and governmental office facilities may have a municipal heliport as an accessory use subject to other requirements of this chapter and provided that the following conditions are met:

Compliance with and evidence of compliance with any applicable requirements of the department of transportation, division of aviation, the Federal Aviation Association, and any other federal, state or local agency having jurisdiction over operation of helicopter flights, landings, and the environmental impact thereof.

Submission of a conditional use application with the town planning and development department, in addition to the following materials:

A site plan prepared in accordance with the applicable section provisions of 48-525, including a map showing the locations, height and first floor elevations or foundation elevations above mean sea level of all structures, utility and street rights-of-way, existing power lines, towers, undeveloped residential lots, and other similar uses within the approach and protection area described in this section or within 500 feet of the center of the helicopter landing pad, whichever is the greater distance. The names and addresses of all property owners within this area shall be provided by the applicant.

ii.

The applicant shall provide an environmental assessment in accordance with G.S. 113A-1—113A-10 consisting of an analysis of the impact of noise within 500 feet of the heliport performed by a qualified audio engineer or other appropriate professional; an analysis of the socioeconomic issues relating to the heliport; and viable site alternatives both within the site and within the town. The analysis is to be submitted not later than 20 days prior to the regular meeting of the planning board at which the application is to be considered.

iii.

A proposed heliport lighting plan demonstrating the technology and technique for retaining light on the site and prevention of light or light glare from affecting traffic using streets and highways in the area. Lighting of the helipad or final approach and takeoff areas shall comply with FAA regulations but shall be ground-level based using cutoff or restrictive features to minimize overspill of light from the activity area itself.

iv.

Proposed approach and departing flight paths shall be shown on the site plan required in subsection (e)(5)a.2.i of this section.

The applicant shall protect the approach and departure protection areas, as defined in chapter 3, section 25, Heliport Design Advisory Circular 150/5390-2, U.S. Department of Transportation, Federal Aviation Administration, dated January 4, 1988, as amended, by acquiring fee simple title to the property.

The heliport shall be ground-based only. No rooftop facility shall be permitted.

The heliport shall comply with the latest edition of the FAA regulations in its design, size and use.